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DECISIONS ON PLEADINGS

WRITTEN STATEMENT:

1. When there is no denial in the written statement, allegation is deemed

to be admitted

1993 (4) SCC 6 (head note, paras 15, 19)

2. Denial in written statement has to be specific as general denial is not

sufficient. When there is no denial of signature in written statement,

high court committed error in holding handwriting experts should

have been examined.

2013 (2) SCC 606 (para 17, 18, 22 to 26); 2017 (8) SCC 592 (head
note ’b’.

ADMISSION IN PLEADINGS:

3. Admission in pleadings or judicial admission stand on higher footing

than admission in evidence. Judicial admission are fully binding on a

party and constitutes waiver of proof.

1974 (1) SCC 242 (para 27)

4. Judicial admission may be made the foundation of rights of parties.

2005 (11) SCC 314 (para 218)

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5. Admission in plaint can be used against a party in other suits as

admission.

AIR 1967 SC 341 (para 5)

PLEADING IN FRAUD:

6. Allegations of fraud must be clearly pleaded and proved by clear and

cogent evidence.

1976 (3) SCC 119 (head note and para 29)

7. Specific pleading as to fraud are to be made and proved.

2011 (12) SCC 18 (para 62)

8. Order 6 Rule 4 CPC provides that where a party relies upon fraud,

mis-representation, breach of trust etc., in which particulars are

necessary beyond that exemplified in the form and the appendix.

AIR 1963 SC 1279 (para 19)

NO AMOUNT OF EVIDENCE CAN BE LOOKED INTO WITHOUT

PLEADING:

9. Without pleading, no amount of evidence can be looked into.

2008 (8) SCC 92 (para 21, 22) ; 2011 (8) SCC 613 (para 33)
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10. Plea not raised need not be considered.

2008 (13) SCC 466 (head note ‘f’)

11. Civil suits are decided on the basis of pleadings and issues framed.

Parties cannot be permitted to travel beyond pleadings.

2019 (11) SCC 800 (head note ‘A’ & para 11)

12. In the absence of pleading, no amount of evidence will help the party.

2020 (10) SCC 729 (para 8)

13. In the absence of pleading, court rightly ignored the statement made

by the appellant in the examination in chief that he had made a claim

against the respondent on the basis of difference in the price of

Reliance shares as on 14.2.1992 and 23.3.1992.

2010 (6) SCC 178 (para 33)

14. It is well settled that no amount of evidence contrary to pleadings can

be relied on or accepted. When there is variance and divergence

between the pleadings and documentary evidence; pleading and oral

evidence; and between oral and documentary evidence, the entire case

of the respondent is liable to be rejected. The different versions

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demonstrates fraud and mis-representation on the part of the

respondent.

2011 (8) SCC 613 (para 33)

PUBLIC INTEREST LITIGATION:

15. Even in PIL, there cannot be fishing and roving enquiry. Relief not

founded on pleading should not be granted.

2011 (7) SCC 639 para 8 to 12, 13)

NO PRAYER NO RELIEF:

16. Courts cannot grant relief not prayed for.

2008 (17) SCC 491 (para 23); 1991 (1) SCC 441 (para 4)

17. In the absence of prayer in the writ petition, no relief can be granted.

2004 (13) SCC 528 (head note)

18. Without specific prayer for declaration, relief cannot be granted

merely because plaintiff has sought for other relief. [1993 Supp (3)

SCC 129 (para 16)].

19. AIR 1962 SC 1161 (para 4, 10, 11)

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Appropriate relief may be granted due to changed circumstances and

because prayer for “any other relief” in petition, relief was granted.

NO DECISOIN OUTSIDE PLEADING:

20. Court cannot give any decision outside the pleadings.

AIR 1953 SC 235 (Para 22)

WRIT PETITION:

21. Evidence regarding facts must be pleaded in a writ petition. That is

the difference in pleading in a writ and civil proceedings under C.P.

Code.

1988 (4) SCC 534 (head note & para 13)

22. Ground not taken in writ petition but raised only in arguments – grant

of relief is bad.

2012 (12) SCC 63 (para 20)

ELECTION PETITION:

23. In an election petition, all basic and primary facts which must be

proved at the trial by a party to establish existence of a cause of action

or defence are material facts and afford a basis for allegations made
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in the election petition. Bare allegations are never treated as material

facts.

2012 (4) SCC 194 (paras 45, 48-57)

SPECIFIC PLEA NEEDED RE WAIVER:

24. Waiver must be specifically raised in pleading. If not, it cannot be

allowed at the stage of hearing.

1979 (2) SCC 409 (para 5)

JURISDICTION OF COURT:

25. Jurisdiction of court has to be determined on the basis of plaint

averments alone.

AIR 1985 SC 577 (head note, para 5)

SUPPRESSION/CONCEALMENT:

26. Concealment of any fact is as serious as mis-representation.

AIR 1938 PC 103 (para 9)

DEFAMATION:

27. In case of a suit for defamation, it is desirable that actual words

spoken are mentioned in the plaint.

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AIR 1971 SC 1389 (1394) (head note, para 25)

JURISDICTION:

28. Injunction sought by pleading wrong facts is liable to be vacated (para

53 – 62). Clarity and candor must be observed in pleadings. (para 58)

2011 (7) SCC 69 (para 53 – 62)

29. Perverse order means order in conscious violation of pleadings and

law.

AIR 1977 KAR 58 (head note ‘A’. para 10)

30. Interference in cases of perversity can pertain to understanding of law

or appreciation of pleading or evidence.

2016 (2) SCC 672 (para 5)

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TRUSTEES:

31. Trust is not a juristic person. It is the trustees who are the owners of

the property. Therefore, a suit or a petition instituted by President

alone is not maintainable unless all trustees are impleaded.

ILR 1997 KAR 2460 (J. Dattu) (para 5)

32. Suit has to be filed on behalf of trustees failing which suit is liable to

be dismissed.

AIR 1973 GUJ 113 (FB) (para 8 and11)

33. While it is true that all trustees must be joined in a suit filed by him

where the deed of trust permits one of them to file the suit or where

other trustees have given express sanction etc., a suit filed by one of

them is permissible.

2005 (1) SCC 172 (paras 17, 29)

SPECIFIC PERFORMANCE:

34. In a suit for specific performance, readiness and willingness must be

expressly averred.

2010 (10) SCC 512 (para 23)

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35. Absence of a plea regarding readiness and willingness is fatal to a suit

for specific performance.

AIR 1990 SC 682 (head note)

36. Averment in a suit for specific performance must be in terms of Form

47 and 48 of C.P. Code.

2004 (7) SCC 251 (head note ‘D’)

NOTE: Sec. 16(c) of Specific Relief Act, prior to its amendment in the

year 2018, specified that there must be specific averment re. readiness

and willingness. The above judgement based on the language of Sec. 16

(c). The amendment has removed the same and therefore as far as

possible before drafting a petition or a plaint, one must try to look up

law.

FOREIGN LAW:

37. Foreign law must be pleaded and proved like any other fact.

2001 (8) SCC 233 (para 27)

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AUTHORITY TO FILE:

38. Unless by a board resolution an individual director is authorised, he

cannot file a suit.

2005 (1) SCC 212 (head note, para 11)

39. Unless power is specifically conferred by the Board of Directors, a

director cannot file a suit.

AIR 1991 DEL 25 (para 24)

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